City of Columbus - File #: 2008-2006

• File #: 2008-2006
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 11/1/2006
• In control: Safety Committee
• On agenda: 12/4/2006
• Final action: 12/7/2006
• Title: To authorize and direct the City Attorney to settle the claims brought by Susan Stover (formerly Susan Parsley) against the City of Columbus in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:05-cv-229, to authorize the City Auditor to transfer $140,000.00 within the general fund from the Department of Finance and Management to the Department of Public Safety, Division of Police, to authorize the expenditure of the sum of One Hundred Forty Thousand and 00/100 Dollars ($140,000.00) in settlement of this lawsuit, and to declare an emergency. ($140,000.00)

Date	Ver.	Action By	Action	Result
12/7/2006	1	CITY CLERK	Attest
12/6/2006	1	MAYOR	Signed
12/4/2006	1	Columbus City Council	Approved	Pass
12/4/2006	1	COUNCIL PRESIDENT	Signed
11/14/2006	1	Atty Drafter	Sent for Approval
11/14/2006	1	CITY ATTORNEY	Reviewed and Approved
11/14/2006	1	Atty Drafter	Sent to Clerk's Office for Council
11/13/2006	1	Atty Drafter	Sent for Approval
11/13/2006	1	Auditor Reviewer	Reviewed and Approved
11/13/2006	1	CITY AUDITOR	Reviewed and Approved
11/9/2006	1	Finance Reviewer	Reviewed and Approved
11/9/2006	1	Finance Reviewer	Reviewed and Approved
11/9/2006	1	FINANCE DIRECTOR	Reviewed and Approved
11/1/2006	1	Atty Drafter	Sent for Approval

Explanation
BACKGROUND: This Ordinance is submitted to settle the lawsuit known as Susan Parsley v. City of Columbus, Case No. 2:05-cv-229 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of one hundred forty thousand dollars ($140,000.00). Ms. Stover is a former employee of the City. Ms. Stover's employment was terminated on December 27, 2004 for being absent without leave after the City determined she was not eligible for Family and Medical Leave Act (FMLA) leave. This determination was erroneous. In her lawsuit against the City, Ms. Stover claims the City willfully interfered with her rights under the FMLA when it failed to designate her leave as FMLA leave resulting in her termination of employment. Ms. Stover also claimed the City failed to accommodate her disability and discriminated and retaliated against her in violation of Ohio Revised Code Chapter 4112.

FISCAL IMPACT: Funds have not been specifically budgeted for this settlement but are available in the appropriate amount.

Title
To authorize and direct the City Attorney to settle the claims brought by Susan Stover (formerly Susan Parsley) against the City of Columbus in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:05-cv-229, to authorize the City Auditor to transfer $140,000.00 within the general fund from the Department of Finance and Management to the Department of Public Safety, Division of Police, to authorize the expenditure of the sum of One Hundred Forty Thousand and 00/100 Dollars ($140,000.00) in settlement of this lawsuit, and to declare an emergency. ($140,000.00)

Body
WHEREAS, on March 14, 2005, Susan Stover (formerly Susan Parsley) filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:05-cv-229 against the City of Columbus, in which she claimed violations of her rights under the Family Medical Leave ...